Limitations of Actions and Suits

ORS 12.010
Time of commencing actions


Actions shall only be commenced within the periods prescribed in this chapter, after the cause of action shall have accrued, except where a different limitation is prescribed by statute. [Amended by 1979 c.284 §43]

Notes of Decisions

Unless expressly provided otherwise, where statutory amendment reduces time for bringing action, reduction does not act to cut off rights accrued under old law. Bower Trucking and Warehouse Co. v. Multnomah County, 35 Or App 427, 582 P2d 439 (1978)

Where allegedly libelous memorandum was confidential in nature and initial publication was not of type plaintiff would be presumed to know about, cause of action was deemed to accrue at time plaintiff discovered existence of memorandum. White v. Gurnsey, 48 Or App 931, 618 P2d 975 (1980)

In action for alleged occupational disease (asbestosis), it was error for trial court to conclude as matter of law that action accrued under this section and ORS 12.110 in December 1975 where medical report in October indicated plaintiff's condition "should improve without medication" and record amply reflected possibility plaintiff did not know what was causing his illness. Lundy v. Union Carbide Corp., 695 F2d 394 (1982)

Claim for occupational disease accrues when "reasonably prudent person associates his symptoms with a serious or permanent condition and at the same time perceives the role which the defendant has played in inducing that condition. Lundy v. Union Carbide Corp., 695 F2d 394 (1982), citing Schiele v. Hobart, 284 Or 483, 587 P2d 1010 (1979)

Statute of limitations for tort of intentional interference with contractual relationship does not depend on date of discovery of interference but rather when damages accrued. Cramer v. Stonebridge Inn, 77 Or App 407, 713 P2d 645 (1986)

Determination as to whether action is "commenced within periods prescribed in this chapter" is subject to ORS 174.120 method of computing limitation period. Stupek v. Wyle Laboratories Corp., 327 Or 433, 963 P2d 678 (1998)

Chapter 12

Notes of Decisions

An action for personal injuries caused by breach of implied warranty is clearly one for which "different limitation is prescribed by statute" under ORS 12.010 and thus is not governed by provisions of this chapter. Redfield v. Mead, Johnson & Co., 266 Or 273, 512 P2d 776 (1973)


Source

Last accessed
Jun. 26, 2021